The provisions of this article shall apply to all lands, waters, structures, and uses thereon, within the zoning areas designated on the official zoning map.

(Code 1988, § 11-4.01)

(a)

No building, structure, or land shall hereafter be used or occupied, and no structure or part thereof shall hereafter be constructed except in conformity with all of the regulations herein specified for the district in which it is located.

(b)

Permitted, prohibited and special uses are listed by district, within the schedule of district regulations.

(Code 1988, § 11-4.02; Ord. No. 2021-07-03, art. III, pt. I, 7-6-2021; Ord. No. 2022-08-01, art. III, pt. I, 8-2-2022)

After the effective date of the ordinance from which this chapter is derived, no building or other structure shall be erected or altered to exceed the height or bulk requirements of this article; nor to accommodate a greater number of families than allowed by this article; nor to have narrower or smaller front yards, side yards, rear yards, or other open spaces than required by this article; nor shall any building, structure or land be used in any other manner contrary to the provisions of this article.

(Code 1988, § 11-4.03)

(a)

No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any building for the purpose of complying with this article, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building except as specifically allowed by this article.

(b)

All lots created shall have all of the minimum square footage contiguous to all other minimum square footage within the same lot. No street or road right-of-way, or body of water may separate one area of a lot from another area of the same lot. No recombination of two or more lots shall create a lot where the minimum square footage is not contiguous to all other minimum square footage.

(Code 1988, § 11-4.04; Ord. No. 04-10-01, art. III, 11-17-2004)

(a)

No yard or lot existing on or after July 7, 1981, shall be reduced in dimension or area below the minimum requirements set forth herein.

(b)

Yards or lots created on or after July 7, 1981, shall meet at least the minimum requirements established by this article.

(Code 1988, § 11-4.05; Ord. No. 05-09-01, art. III, 11-1-2005)

All territory not included under the provisions of this article hereafter added to the zoned area shall be considered to be RS-1 until otherwise classified.

(Code 1988, § 11-4.06)

Only one principal building and its customary accessory building may hereafter be erected on any lot, except as authorized in this article.

(Code 1988, § 11-4.07)

(a)

No structure requiring a building permit shall be erected on any lot having less than 30 feet of frontage and which:

(1)

Does not abut either a public right-of-way or a private street or easement which has been approved in accordance with the provisions of this article, the subdivision ordinance set forth in chapter 30, or any applicable town ordinance and recorded by the county register of deeds; or

(2)

Does not have access to a public street or highway, which access is described in an instrument recorded in the county register of deeds office prior to adoption of the ordinance from which this chapter is derived.

(b)

Single-family residential home sites and site plans shall include a driveway with a minimum width of eight feet extending from the front property line to the principal structure, as well as required external parking spaces. Where a driveway is not shown on a proposed site plan, a line that is the shortest distance from the building to the front property line shall be drawn and a second, parallel line, eight feet wide to scale, shall be drawn, demarking the required driveway to calculate contribution of the driveway toward lot coverage.

(c)

Home sites and site plans shall not require vehicles to back into the public right-of-way. Home sites and site plans shall include a minimum ten-foot by ten-foot area adjacent to the required driveway to allow for vehicle turnaround.

(Code 1988, § 11-4.08; Ord. No. 05-09-01, art. IV, 11-1-2005; Ord. No. 2006-09-02, art. IV, 11-28-2006)

On a corner lot which abuts town- or state-maintained rights-of-way in any district, no planting, structure, fence, wall or other obstruction to vision more than three feet in height shall be placed or maintained within the triangular area formed by the intersecting street right-of-way lines, each of which is 25 feet distant from the point of intersection. On other rights-of-way, the proper setback for vision clearance shall be determined by the zoning administrator, but in no case shall the requirement exceed that previously stated.

(Code 1988, § 11-4.09; Ord. No. 2011-01-01, art. VIII, pt. II, 1-4-2011)

The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit any wall or fence. However, within or abutting any residential district, no wall or fence shall exceed six feet in height and within any commercial or industrial district, no fence shall exceed ten feet in height. For wireless telecommunications sites, no wall or fence shall exceed ten feet in height.

(Code 1988, § 11-4.10; Ord. No. 2013-07-01, art. III, pt. I, 7-16-2013)

Except for banks in the general commercial district, the board of adjustment may vary the height limits of these regulations up to four feet above the roofline of the building, for the following structures, providing such variances shall be in harmony with the general purpose and intent of this chapter and will not be injurious to the neighborhood or otherwise detrimental to the public welfare:

(1)

Church spires or belfries.

(2)

Decorative cupolas that do not exceed five feet in width on any side or 25 square feet in cross section.

(3)

Flagpoles.

(4)

Communications masts (private TV antenna excluded).

(Code 1988, § 11-4.11; Ord. No. 2011-12-01, art. III, pt. II, 12-6-2011)

Regulation of these structures is intended to preserve the natural appearance and integrity of the frontal dune and provide minimal interference with the natural accretion of sand and growth of vegetation.

(1)

Ocean dune platforms. Ocean dune platforms shall not exceed 200 square feet in area and no supporting posts shall be placed within four feet of the east side of the frontal dune. At the time of construction, ocean dune platforms will be at least 18 inches and no more than 24 inches above the highest natural grade within the footprint of the proposed platform. No part of the platform structure, except a flagpole, shall extend more than three feet above the deck. Permanently attached seating and areas incorporating permanently attached seating are considered part of such ocean dune platforms.

(2)

Walkway and/or steps. One walkway and/or steps are permitted across the dunes provided that the walkway and/or steps are constructed in a manner which entails negligible alterations to any dune. Walkways and steps shall not exceed four feet in width. Walkways and steps constructed on the frontal dune will reasonably follow the contour of the dune and will be placed at least 18 inches and not more than 24 inches above natural grade.

(3)

Exceptions. Community recreation facilities may erect:

a.

Dune platforms not to exceed 500 square feet.

b.

A sunshade on the dune platform provided the footprint of the sunshade does not exceed 180 square feet; the sides are not enclosed; the height from the deck does not exceed 11 feet; and it is set back 25 feet from side property lines. No platform containing a structure extending more than three feet above the platform deck shall be constructed within 1,000 feet of a like structure.

(4)

Nonconforming structures. Existing ocean dune platforms, walkways and steps that do not meet the above requirements are considered nonconforming structures (article V). All structures covered by this section require a building permit.

(Code 1988, § 11-4.12; Ord. No. 05-08-02, art. IV, 11-1-2005)

No obstruction to the passage of permitted vehicles will be placed, constructed, or maintained oceanward of the first line of vegetation.

(Code 1988, § 11-4.13)

(a)

For the purposes of this chapter, the area or space above the top plate of a habitable floor which is open, unrestricted, and unobstructed, such as used in an A-frame, cathedral ceiling or opposed shed roof type construction, shall not be considered as a part of such habitable space.

(b)

The enclosed area above the top plate of a structure shall not be inhabited by any person or used for any purpose other than storage of personal effects or property.

(Code 1988, § 11-4.14)

On lots where enclosed living space is permitted within accessory structures, the living space within an accessory structure shall count towards any living space restrictions for the principal building.

(Ord. No. 2017-12-02, art. III, pt. V, 12-5-2017)